Section 88117 Of Article 3. Merit System From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 3.
88117
. (a) A person laid off because of lack of work or lack of
funds shall be eligible for reemployment for a period of 39 months as
follows:
(1) The person's reemployment shall take preference over new
applicants.
(2) The person shall have the right to participate in promotional
examinations within the district during the period of 39 months.
(3) If the person is reemployed in a new position and fails to
complete the probationary period in the new position, he or she shall
be returned to the reemployment list for the remainder of the
39-month period. The remaining time period shall be calculated as the
time remaining in the 39-month period as of the date of
reemployment.
(b) An employee who takes a voluntary demotion or a voluntary
reduction in assigned time in lieu of layoff or to remain in his or
her present position rather than be reclassified or reassigned, shall
be granted the same rights as persons laid off and shall retain
eligibility to be considered for reemployment for an additional
period of up to 24 months, provided that the same tests of fitness
under which the employee qualified for appointment to the class still
apply. The personnel commission shall make the determination of the
specific period of eligibility for reemployment on a class-by-class
basis.
(c) An employee who takes a voluntary demotion or a voluntary
reduction in assigned time in lieu of layoff shall be, at the option
of the employee, returned to a position in his or her former class or
to a position with increased assigned time as vacancies become
available, and without limitation of time, but if there is a valid
reemployment list the employee shall be ranked on that list in
accordance with his or her proper seniority.